[F123AVoluntary surrender of residential property following calling-up notice or notice of defaultS
(1)The conditions referred to in sections 20(2A)(a) and 23(4)(a)(i) are that—
(a)the security subjects are unoccupied; and
(b)each of the persons specified in subsection (2) below has, in writing—
(i)certified that that person does not occupy the security subjects and is not aware of the security subjects being occupied by any other person;
(ii)consented to the exercise by the creditor of the creditor's rights on default; and
(iii)certified that the consent is given freely and without coercion of any kind.
(2)Those persons are—
(a)the debtor;
(b)the proprietor of the security subjects (where the proprietor is not the debtor);
(c)the non-entitled spouse of the debtor or the proprietor of security subjects which are (in whole or in part) a matrimonial home;
(d)the non-entitled civil partner of the debtor or the proprietor of security subjects which are (in whole or in part) a family home; and
(e)a person who has occupancy rights in the security subjects by virtue of an order under section 18(1) (occupancy rights of cohabiting couples) of the Matrimonial Homes (Family Protection) (Scotland) Act 1981.
(3)In this section—
“family home” has the meaning given by section 135(1) of the Civil Partnership Act 2004;
“matrimonial home” has the meaning given by section 22 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981;
“non-entitled civil partner” has the same meaning as “non-entitled partner” in section 101(1) of the Civil Partnership Act 2004;
“non-entitled spouse” has the meaning given by section 1 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981.]
Textual Amendments
F1S. 23A inserted (30.9.2010) by Home Owner and Debtor Protection (Scotland) Act 2010 (asp 6), ss. 1(3), 17(3) (with s. 14); S.S.I. 2010/314, art. 3 (subject to transitional and saving provisions in S.S.I. 2010/316, arts. 4-7)